Opinion

Arthur Errol Klein v. David Holbrook

Court
District Court, C.D. California
Filed
Sep 6, 2023
Cited by
0 cases
Authority
More cited than 16.4%

en 28 1 || banc

How later courts described this case

  • en 28 1 || banc

Written by the judges who cited it.

The opinion

1

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9

10

11 ARTHUR ERROL KLEIN, Case No. 2:22-cv-01236-AB (MAA)

12 Petitioner, ORDER ACCEPTING FINDINGS AND

v. RECOMMENDATIONS OF UNITED

13 STATES MAGISTRATE JUDGE

14 DAVID HOLBROOK, Warden,

15 Respondent.

16

17

18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the records

19 on file, and the Report and Recommendation (“Report”) of the United States

20 Magistrate Judge. (ECF No. 12.) Further, the Court has engaged in a de novo

21 review of those portions of the Report to which objections have been made.

22 The Report recommends the denial of habeas relief for Petitioner’s claim that

23 the evidence was insufficient to support his conviction for second-degree murder

24 under a theory of implied malice. (ECF No. 12.) For the following reasons,

25 Petitioner’s Objections to the Report (ECF No. 13) do not warrant a change to the

26 Magistrate Judge’s findings or recommendation.

27 Petitioner objects that, under the objective test for implied malice, it was not

28 likely or probable that his drunk driving would result in death. (ECF No. 13 at 5.)

1 The objective test for implied malice “requires an act, the natural consequences of

which are dangerous to life.” People v. Knoller, 41 Cal. 4th 139, 143 (2007).

2

Petitioner argues that his acts did not satisfy this test because he was driving within

3

the speed limit and obeying traffic rules. (ECF No. 13 at 5.) To the contrary, the

4

evidence showed that Petitioner, in addition to being highly intoxicated, had made

5

an “an unsafe turning movement.” (ECF No. 12 at 5.) Under California law,

6

similarly unsafe driving is sufficient to sustain a murder conviction based on

7

implied malice. See People v. Wolfe, 20 Cal. App. 5th 673, 684 (2018) (affirming

8

murder conviction based on drunk driving and rejecting argument that defendant

9

did not engage in “highly dangerous” driving where, “at a minimum, the evidence

10

reasonably showed that [she] was unable to keep her vehicle within her designated

11

traffic lane due to her intoxication”).

12

Petitioner similarly objects that, under the subjective test of implied malice,

13

he did not engage in highly dangerous driving. (ECF No. 13 at 6.) As mentioned

14

above, evidence that Petitioner had made “an unsafe turning movement” (ECF No.

15

12 at 5) was sufficient to show highly dangerous driving. Moreover, as the Report

16

noted, highly dangerous driving is not a required to satisfy the subjective test of

17

implied malice where, as in this case, there was other evidence of conscious

18

disregard for life. (ECF No. 12 at 14.) The other evidence—a blood alcohol level

19

above .08 percent, a predrinking intent to drive, and knowledge of the hazards of

20

driving while intoxicated—was sufficient to satisfy the test. (ECF No. 12 at 16-18.)

21

Petitioner objects that the Report disregarded certain evidence. (ECF No. 13

22

at 7.) He specifically points out that he was “obviously a high functioning

23

alcoholic,” did most of his drinking at home, intended to go to bed after drinking,

24

went hiking in Pasadena after having a beer with breakfast, and consumed two

25

drinks in five hours in the car. (Id.) But a federal court is required to view the

26

evidence in the light most favorable to the prosecution, not in the light pointing to

27

innocence. See United States v. Nevils, 598 F.3d 1158, 1169 (9th Cir. 2010) (en

28

1 || banc) (“[W]e do not construe the evidence in the light most favorable to innocence,

2 || and therefore do not consider [appellant’s] argument that there is an equally

3 || plausible innocent explanation for [the evidence].”).

4 Petitioner similarly objects that the “best evidence” calls into question his

5 || conviction. (ECF No. 13 at 7.) He specifically argues that, despite evidence that he

6 || was aware of the dangers of drinking and driving, the best evidence of his

7 || knowledge was his “thoughtful response to the police” at the scene. (ECF No. 13 at

8 | 7.) He also argues that he did not commit a prior traffic violation. (/d. at 8.) Buta

9 || federal court has no authority to decide what the best evidence was or to reweigh

10 || the evidence that the jury considered. See McDaniel v. Brown, 558 U.S. 120, 134

11 || (2010) (per curiam) (recognizing that federal courts must “preserve ‘the

12 || factfinder’s role as weigher of the evidence’ by reviewing ‘all of the evidence .. . in

13 || the light most favorable to the prosecution”) (emphasis and ellipsis in original)

14 || (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)).

15 IT IS ORDERED that (1) the Report and Recommendation of the Magistrate

16 || Judge is accepted and adopted; and (2) Judgment shall be entered denying the

17 || Petition and dismissing this action with prejudice.

18

19 |) DATED: September 06, 2023

dv

21

UNITED STATES DISTRICT JUDGE

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.